International sanctions in the romanian legal order. A critical assessment of constitutional compatibility Cover Image
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International sanctions in the romanian legal order. A critical assessment of constitutional compatibility
International sanctions in the romanian legal order. A critical assessment of constitutional compatibility

Author(s): Adrian Corobană
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Universul Juridic
Keywords: international sanctions; implementation of international sanctions in national legislation; constitutional compliance; fundamental rights; Government Emergency Ordinance No. 202/2008;

Summary/Abstract: This article examines the legal regime of the implementation of international sanctions in Romania from the point of view of their compliance with conventional and constitutional standards of fundamental rights protection. The main objective of the study is to assess whether the current legislative framework manages to adequately reconcile Romania's international obligations with constitutional and conventional requirements. As a methodology, the paper uses established methods in legal research for the interpretation and examination of relevant national legislation in the field of implementation of international sanctions (logical, grammatical, historical, teleological and comparative methods). In order to identify the main conventional standards applicable in the matter, the article carries out a jurisprudential analysis of the decisions of the European Court of Human Rights and the Court of Justice of the European Union. The study concludes on significant normative deficiencies in the current regulatory framework, in particular the absence of effective procedural guarantees capable of ensuring the effective protection of fundamental rights. Finally, the article offers de lege ferenda proposals aimed at aligning the legal regime of the implementation of international sanctions in Romania with the requirements derived from constitutional law and the jurisprudence of international courts, the study thus contributing both to the doctrinal debate and to the development of a democratic normative framework in the matter of the implementation of international sanctions at the national level.

  • Issue Year: 2025
  • Issue No: 02
  • Page Range: 62-79
  • Page Count: 18
  • Language: English
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